DRUG PARAPHERNALIA CHARGES IN HOUSTON
Arrested for possession or delivery of drug paraphernalia?
If law enforcement lawfully searched your person or your property and found drug paraphernalia, you face criminal penalties according to § 481.125 of the Texas Health and Safety Code. As soon as possible, contact a Houston criminal defense attorney from The Martinez Law Firm to discuss your defense options. Possession of paraphernalia on its own usually results in misdemeanor charges, although certain factors in a case could warrant a state jail felony charge. This charge is often coupled with drug possession, drug manufacturing and various other narcotics offenses.
Penalties for Violating § 481.125 Drug Paraphernalia Law
There are three different categories of possession of drug paraphernalia / delivery of drug paraphernalia. The first involves “knowingly and intentionally using or possessing with intent to use drug paraphernalia.” This could include instruments that are used to manufacture or cultivate drugs as well as instruments used to administer drugs such as bongs, syringes, etc. This is a Class C misdemeanor. Second, delivering drug paraphernalia “knowingly and intentionally” or even possessing the instruments with intent to deliver them is considered a Class A misdemeanor. Finally, this Texas statute makes it a state jail felony to deliver or intend to deliver paraphernalia to an individual under the age of 18 provided that the deliverer is at least three years older than the intended recipient.
Defenses Against Drug Paraphernalia Charges
Contacting a Houston drug crime defense attorney is vital in these types of cases, because they could present various legal defenses on your behalf before a judge. Your case is not hopeless if you are facing this charge, nor should it be taken lightly. Enlist representation from The Martinez Law Firm. We can evaluate your case during a free initial consultation and provide you with legal counsel. Depending on the nature of your case, you may be entitled to one of the legal defenses listed below:
Drug Paraphernalia Wasn’t Yours
You should not be convicted of this crime if the paraphernalia was not actually in your control. For example, say you were pulled over during a routine traffic stop. If the law enforcement officer had probable cause, then they could have searched your vehicle. If the officer found a bong in the backseat, but the car is not actually yours, then this could serve as a defense against your charges.
You Were Illegally Searched
Any evidence that is obtained from an illegal search must be discounted in a criminal case. Illegal searches and seizures are violations of an individual’s fourth amendment rights. If the officer did not have a search warrant or probable cause, then your Houston drug crime defense attorney may be able to get the paraphernalia evidence discounted from your case.
You Were Unaware That the Object Was Paraphernalia
Many everyday items can be used to cultivate, manufacture or package illegal drugs. Just because an officer found something that appeared to be drug paraphernalia doesn’t mean that you were using it for that purpose. Your defense attorney may be able to use this as a defense in your favor.
Enlist Representation from a Houston Drug Crime Defense Lawyer
Were you arrested for a drug crime in Houston? Are you looking for a Houston criminal defense lawyer you can trust? Consider contacting The Martinez Law Firm. Lead Attorney Herman Martinez was formerly a chief prosecutor. This means that he has an insight into criminal cases that many defense attorneys do not. The Martinez Law Firm understands how the other side thinks. If you’ve been arrested for drug paraphernalia, don’t hesitate to contact a Houston drug crime defense attorney from our firm today!